Opinion
2022-09674 Docket No. F-6750-21
05-24-2023
In the Matter of ONEEKAH N. C. (Anonymous), respondent, v. DAVID J. (Anonymous), appellant.
David J., Cambria Heights, NY, appellant pro se.
David J., Cambria Heights, NY, appellant pro se.
BETSY BARROS, J.P., JOSEPH J. MALTESE, BARRY E. WARHIT, JANICE A. TAYLOR, JJ.
DECISION & ORDER
In a proceeding pursuant to Family Court Act article 5, the father appeals from an order of the Family Court, Nassau County (Ellen R. Greenberg, J.), dated November 10, 2022. The order denied the father's objections to an order of the same court (Tomasina C. Mastroianni, S.M.) dated October 4, 2022, which, after a hearing and upon an order of filiation of the same court dated April 21, 2022, granted that branch of the mother's petition which was for an award of child support.
ORDERED that the order dated November 10, 2022, is affirmed, without costs or disbursements.
The Family Court properly denied the father's objections to the Support Magistrate's order granting that branch of the mother's petition which was for an award of child support. In an order dated May 19, 2022, from which the father did not appeal, the court denied the father's objections to an order of filiation dated April 21, 2022, based upon lack of personal jurisdiction and the admissibility of DNA test results. Accordingly, the doctrine of law of the case precluded the father from relitigating those issues in the Family Court (see Certain Underwriters at Lloyd's London v. North Shore Signature Homes, Inc., 125 A.D.3d 799, 800, 1 N.Y.S.3d 841 ; Matter of Shondel J. v. Mark D., 18 A.D.3d 551, 551, 795 N.Y.S.2d 260, affd 7 N.Y.3d 320, 820 N.Y.S.2d 199, 853 N.E.2d 610 ). Although this Court is not bound by the law of the case doctrine to a prior determination of a nisi prius court (see Wells Fargo Bank, N.A. v. Fleurant, 150 A.D.3d 790, 791, 51 N.Y.S.3d 423 ; Certain Underwriters at Lloyd's London v. North Shore Signature Homes, Inc., 125 A.D.3d at 800, 1 N.Y.S.3d 841 ), we decline to exercise our discretion to consider the father's contentions on the merits (see Certain Underwriters at Lloyd's London v. North Shore Signature Homes, Inc., 125 A.D.3d at 800, 1 N.Y.S.3d 841 ; Post v. Post, 141 A.D.2d 518, 519, 529 N.Y.S.2d 341 ).
BARROS, J.P., MALTESE, WARHIT and TAYLOR, JJ., concur.